The Himachal Pradesh High Court ruled on Friday that election petitions are fundamentally trial-based and require the examination of evidence and witnesses for a fair hearing. This decision came as the court dismissed a request from senior advocate and Congress member Abhishek Manu Singhvi, who sought to exclude witnesses presented by BJP’s Harsh Mahajan.
Justice Virender Singh presided over the case, which arose after Singhvi contested the interpretation of election rules following his defeat in the Rajya Sabha elections on February 27, 2024, where Mahajan emerged victorious.
Singhvi argued against the need for witness examination and cross-examination, claiming that no evidentiary process was necessary in this case. However, the court noted that the significance of the witnesses listed by Mahajan could not be predetermined at this stage.
Mahajan’s legal representative asserted that the examination of witnesses was essential for the BJP leader’s defense, as it aimed to demonstrate that the election procedures, including vote counting and result declaration, were conducted according to the established rules. The list of potential witnesses includes BJP MLAs Randhir Sharma, Sukhram Chaudhary, Trilok Jamwal, and key officials such as the Vidhan Sabha Secretary Yash Paul Sharma and Chief Electoral Officer Dorje Thakur.
In its comprehensive ruling, the court emphasized that preventing the respondent from examining his witnesses would be unjust. The court remarked, “Without allowing the respondent the chance to examine the listed witnesses, one cannot conclude that their inclusion is merely a tactic to delay proceedings.” The bench also highlighted that there was insufficient evidence to support Singhvi’s claim that the proposed witnesses were irrelevant or intended to prolong the case.
Consequently, the court dismissed Singhvi’s application and scheduled the next hearing for April 20, focusing on establishing a timeline for evidence collection. It advised both parties to refrain from unnecessary delays.
Despite the Congress party holding a majority in the Himachal Pradesh Vidhan Sabha, Singhvi lost the Rajya Sabha elections after six Congress MLAs voted in favor of Mahajan, along with support from three independents. Following a tie in votes, both candidates received 34 votes, leading to the winner being determined by a random draw, which resulted in Singhvi’s loss.
Singhvi previously expressed his discontent with the process, stating, “It defies common sense and established practices worldwide that the person whose name is drawn in a tie should be declared the winner, not the loser.”
In response to the court’s ruling, Mahajan accused the Congress leadership of attempting to evade a thorough trial. He asserted that the court’s decision reaffirmed the importance of facts and evidence, stating, “When confronted with weak facts, the Congress avoids evidence, while we remain committed to the truth and ready to address every inquiry on any platform.”
Saurabh Parashar serves as an Assistant Editor at The Indian Express, focusing on Himachal Pradesh’s news coverage. With over 17 years of experience in print journalism, he specializes in crime, legal affairs, and investigative reporting.
His educational background includes a Master’s degree in Mass Communication from Guru Jambheshwar University and a Law degree from Himachal Pradesh University, which enriches his reporting on intricate legal and administrative issues.
Before joining The Indian Express in 2017, Parashar worked for 12 years at The Times of India. His reporting highlights the socio-political dynamics of Himachal Pradesh, particularly concerning environmental issues, drug-related challenges, and governance in mountainous regions.
Recent articles by Parashar address essential topics at the intersection of policy, law, and social welfare in Himachal Pradesh, including investigations of drug transit routes, environmental impacts of infrastructure projects, and cultural traditions facing decline in the region.
